Few things are more frustrating than buying a car, noticing a problem, and then being told by the dealership that they “can’t find the issue” or simply failing to fix it after multiple visits. You rely on your vehicle to get to work, drop the kids off at school, and navigate daily life. When a dealership fails to fulfill its repair obligations, you aren’t just inconvenienced—you’re often left holding the bill.
But can you sue a dealership for not fixing your car? In certain circumstances, the answer is yes. However, the legal path you take depends on your specific situation, the type of warranty you have, where you live, the nature of the vehicle’s defects, and how many times you’ve already tried to get the car repaired.
Understanding the Dealership’s Obligation
When you purchase a vehicle, especially a new one, it typically comes with a manufacturer’s warranty. This warranty is a promise that the dealership or manufacturer makes to you to induce your purchase of the vehicle. It typically states that if something goes wrong within a certain timeframe or mileage, the manufacturer or dealer must fix it at no cost to you.
However, used car purchases are often very different. In most used car purchases, the dealership will indicate on its purchase contract that it is providing you with no warranties for your purchase, i.e., you are buying the vehicle as-is. In these instances, the dealer is required to fill out another document called a “Buyer’s Guide” that states the same.
Yet, there are instances when a used car purchase comes with a warranty or you are able to bargain with the dealer to add one. It is essential that the warranty you receive is in writing. If a dealership tells you verbally they will cover issues that arise, but refuses to put that in writing, they are giving you a clue that they really do not stand behind the vehicle they are selling you. Make sure they put it in writing.
Most dealership-written warranties will cover the vehicle for a limited period of time and some will only promise to repair certain components in the vehicle, such as the powertrain (engine, transmission, or drivetrain components). It is important you understand the type of warranty you are receiving.
If a dealership refuses to perform repairs covered by this warranty, or if they attempt to fix the car several times and fail, they may be in breach of warranty. Under certain lemon laws, specifically the Magnuson-Moss Warranty Act, consumers have the right to sue for such breaches. This law was designed to protect you from being stuck with a “lemon” and to ensure that companies stand behind their promises.
Importantly, if a dealership gives you a written warranty within 90 days of your sale, you have other rights that are “implied in law.” Specifically, federal law makes clear that if a dealer gives you a written warranty within 90 days of sale, your vehicle will come with a warranty that law requires, called the implied warranty of merchantability. This warranty means that your vehicle was required to be of the same level of quality as another one just like it. Therefore, getting a written warranty with your purchase helps you not only to obtain the dealer’s express promise to repair, but also allows you to get additional protection created in law regarding the vehicle’s overall quality and fitness.
Common Scenarios Where You Might Have a Case
Not every bad experience at a service center leads to a lawsuit. However, legal action is often necessary in the following scenarios:
- Repeated Repair Failures: You’ve taken the car in two, three, four, or more times for the same warranty-covered issue, but it keeps coming back.
- Receiving a vehicle that is unreliable and riddled with defects: The implied warranty of merchantability requires that your vehicle be of a certain level of quality, i.e., fit for its ordinary purpose. So long as this warranty was not lawfully disclaimed, it comes with the purchase of every vehicle.
- Refusal to Honor Warranty: The dealer claims the part or repair isn’t covered, even though your warranty paperwork clearly says it is.
- Unreasonable Delays: Your car has been sitting in the shop for an extended period without being repaired, leaving you without transportation.
- Negligent Repairs: The dealership worked on your car, but actually made the problem worse or caused new damage due to poor workmanship.
Every situation is different, so it’s important to speak with a consumer protection lawyer to see whether you have a case.
How the Lemon Law Can Help
If your car has a significant warranty-covered defect that the dealership cannot fix, you may be protected by your state’s lemon law or by the federal lemon law, called the Magnuson-Moss Warranty Act. While these laws vary by state, they generally follow a similar set of rules to determine if a vehicle is a “lemon.”
Often, a vehicle qualifies if:
- It has a warranty-covered defect
- The defect appeared within the warranty’s duration
- The dealership has been given a reasonable number of attempts to fix it (often 2-3 attempts for the same issue), or
- The vehicle is not of the level of quality you would expect from another one just like it.
If your car meets these criteria, the law often entitles you to damages, which are typically measured by determining how much you overpaid for your vehicle, a concept known as “diminished value.” In certain circumstances, you may recover damages that are incidental or consequential to the dealer’s breach of warranty or violation of the lemon law. Finally, in all cases brought pursuant to the federal Magnuson-Moss Warranty Act, the consumer is entitled to recover their attorney’s fees if they prevail in an action for breach of warranty.
The best way to determine if you have a case is to reach out to an experienced lemon law lawyer. At Krohn & Moss, Ltd., we offer free case reviews, and we don’t get paid unless you win or settle your case—making it all the more convenient for you to pursue legal assistance.
Steps to Take Before Suing
Before you head to court, you need to build a strong paper trail. In the legal world, documentation is everything.
Maintain Your Purchase Documents
Your purchase documents will detail whether you purchased your vehicle with a warranty or as-is. They will provide the framework for the types of claims that can be brought against a car dealer.
Keep Every Repair Order
Never leave a dealership without a copy of the repair order. Ensure it accurately lists the date, the mileage, and the specific complaint you made. If you don’t have these documents, our lawyers can help gather them for you.
Get a Written Explanation
If the dealer says they “could not replicate” the problem, make sure that is written on the invoice.
Follow the Warranty Procedures
Review the warranty. Some warranties have particular requirements of what you must do to obtain relief. Our lawyers are prepared to handle all communications for you.
Consult a Lawyer
A case review by a consumer protection attorney can tell you whether you have a viable case or whether you need to provide the dealer with another chance to fix the issue.
Let Krohn & Moss, Ltd. Fight for You
Dealing with a defective vehicle is exhausting, but you don’t have to take on the manufacturer and dealership alone. At Krohn & Moss, Ltd. Consumer Law Center®, we have helped over 60,000 consumers nationwide resolve their lemon law and breach of warranty cases.
We understand the tactics dealerships use to avoid responsibility, and we know how to use the law to get you the refund, replacement, or cash compensation you’re entitled to. In the vast majority of our lemon law cases, we are able to reach a settlement without ever needing to go to trial.
Is your car a lemon? Don’t get stuck in the cycle of failed repairs. Take our 60-second Lemon Test or contact us today for a free case evaluation. Let’s get you back on the road in a car you can actually trust.
